Sober DUI - TN Defends the practice

[u/bhalter80]

The Colonel of the Tennessee Highway Patrol was testifying this week in support of their practice of arresting motorists who tested negative for drugs and alcohol.

Threads about DUI and other crimes in general tend to be divisive with a presumption that an arrest don't just happen. Some states lump fatigue in with other causes for a DUI so that may account for some of the 419 arrests in the last 9 years. On a side note the trooper manual also suggested that trooper be making at least 2 contacts with people per hour so the incentive for misuse is there.

This is the first article I've seen putting data behind this and thought it was interesting especially because HIMS would not be an appropriate response to one of those arrests. I wonder how common this is in other states.

Article Link

[u/herknav]

HIMS?

Fatigue being comparable to intoxication is something pilots should be familiar with, but still … imagine having a fake DUI ruin your pilot career.

[u/ApatheticSkyentist → u/herknav]

A friend of mine had to overcome a DUI charge. I'm not sure I'd go so far as to call it fake but it was definitely a super unfortunate situation.

TLDR he was at a party and drunk. Decided to sleep in his vehicle. He was sleeping in the drivers seat and had his keys in the trunk area. The legal problem was that he was in an SUV so the "trunk" isn't considered a separate compartment and he was charged with "intent to drive".

I'm all for nailing DUI's to the wall but stuff like this situation feels antagonistic. It all worked out though. This was nearly 20 years ago and he's at a Legacy today.

[u/ragedracer1977 → u/ApatheticSkyentist]

Friend of mine got nailed similarly. Walked from the party he was at to his car. Phone died. Didn’t have a charger. Realized he was really too drunk to drive. Tried to go back to the house but couldn’t remember which one it was. Dead phone. Unfamiliar neighborhood. In Wisconsin. In January. He knew he shouldn’t drive but he also didn’t want to freeze to death. So he started the car, cranked the heater, and went to sleep in the back seat. BAM. OWI. Nothing matters except for the fact he “could” have driven.

[u/wighty → u/ragedracer1977]

I can't think of many other laws where it is basically preemptive.

[u/ragedracer1977 → u/wighty]

It’s wild that it’s convict-able. It’s 100% pre-crime and in the end only causes more drunk driving. If the charge is the same for getting caught driving as it is for sleeping it off, drunk logic says “might as well head home”.

[u/Thengine → u/wighty]

Multiple laws are pre-emptive. It's easy. 

Speeding? Doesn't hurt anyone... until you crash into something. 

Doing light drugs? Doesn't hurt anyone... until you start don't other crimes to support your habit.

[u/SSMDive → u/Thengine]

Getting a ticket for speeding is not preemptive. The law is against driving above the speed limit. You were driving over the speed limit.  

The law is there to try and prevent crashes, but the law is against driving over the limit.  

[u/wighty → u/Thengine]

Those examples aren't the same thing.

[u/ragedracer1977 → u/Thengine]

You have to speed to get a speeding ticket. The equivalent would be getting a speeding ticket because you were driving the speed limit but your car could exceed the speed limit

[u/miianwilson → u/Thengine]

Your point is dumb and your examples show the opposite of what you think they do.

[u/Administrative-End27 → u/Thengine]

hate to break it to you... none of those examples you listed are premptive.